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WANKYIWAA
V.
WEREDUWAA & ANOR

(1963) JELR 84129 (HC)

High Court 5 Apr 1963 Ghana
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- Held: Under section 15(a) of the Local Courts Act, 1958, customary law—not common law—governs claims for insult in local courts, permitting damages for mere vituperation or abuse, even if not defamatory under common law. - Key principle:

Case Details

Judges:APALOO, J.
Counsel:S.A. Gyimah for the appellant. D.S. Effah for N.Y.B. Adade for the respondent.
Location:Kumasi
Other Citations:[1963] 1 GLR 332 - 337

APALOO, J.: This is an appeal from the judgment of the circuit court which on the 20th April, 1961, set aside the judgment of the magistrate's court dated the 28th May, 1960. The latter judgment itself reversed the judgment of the Kumasi East District Court delivered on the 2nd February, 1960, and restored the judgment of the Juaso/Bompata Local Court which on the 13th November, 1959, awarded damages in favour of the plaintiff against the defendant for insult.

The parties appear to be neighbours and lived together at Bompata. The plaintiff described herself as a baker while the first defendant said she was a farmer. The evidence shows that they were, prior to October 1959, not on speaking terms. In that month, there was an incident between them caused by the alleged disposal of faeces in the plaintiff's dumphill by the defendant. This resulted in angry exchanges between them and coarse language was used. The sequel to that quarrel was this action and a never-ending series of appeals. T…

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